AB710: Bill Text

AB710,198,25 (d) If the alleged violator does not make a cash deposit and fails to appear in court at the time specified in the citation, the court may issue a summons or warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment accordingly if service was completed as provided under par. (e) or the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district may commence an action for collection of the forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment, any applicable consumer information assessment and any applicable domestic abuse assessment. A city, village, town sanitary district or public inland lake protection and rehabilitation district may commence action under s. 66.12 66.0114 (1) and a county or town may commence action under s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment, any applicable consumer information assessment and any applicable domestic abuse assessment. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 days from the date of the judgment to pay any forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment, any applicable consumer information assessment and any applicable domestic abuse assessment imposed. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall reopen the judgment, accept a not guilty plea and set a trial date.

AB710, s. 277 Section 277. 66.119 (3) (e), (4) and (5) of the statutes are renumbered 66.0113 (3) (e), (4) and (5), and 66.0113 (4), as renumbered, is amended to read:

AB710,199,10 66.0113 (4) Relationship to other laws. The adoption and authorization for use of a citation under this section shall does not preclude the governing body from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this section shall does not preclude the proceeding under any other ordinance or law relating to the same or any other matter. The proceeding Proceeding under any other ordinance or law relating to the same or any other matter shall does not preclude the issuance of a citation under this section.

AB710, s. 278 Section 278. 66.12 (title) and (1) (title) and (a) of the statutes, as affected by 1999 Wisconsin Act 9, are renumbered 66.0114 (title) and (1) (title) and (a), and 66.0114 (1) (a), as renumbered, is amended to read:

AB710,200,13 66.0114 (1) (a) An action for violation of an ordinance or bylaw enacted by a city, village, town sanitary district or public inland lake protection and rehabilitation district is a civil action. All forfeitures and penalties imposed by any an ordinance or bylaw of the city, village, town sanitary district or public inland lake protection and rehabilitation district, except as provided in ss. 345.20 to 345.53, may be collected in an action in the name of the city or village before the municipal court or in an action in the name of the city, village, town sanitary district or public inland lake protection and rehabilitation district before a court of record. If the action is in municipal court, the procedures under ch. 800 apply and the procedures under this section do not apply. If the action is in a court of record, it shall be commenced by warrant or summons under s. 968.04 or, if applicable, by citation under s. 778.25 or 778.26. A law enforcement officer may arrest the offender in all cases without warrant under s. 968.07. The affidavit where If the action is commenced by warrant the affidavit may be the complaint. The affidavit or complaint shall be is sufficient if it alleges that the defendant has violated an ordinance or bylaw, specifying the ordinance or bylaw by section, chapter, title or otherwise with sufficient plainness to identify the ordinance or bylaw. The judge may release a defendant without bail a cash deposit or may permit him or her to execute an unsecured appearance bond upon arrest. In arrests without a warrant or summons a statement on the records of the court of the offense charged shall stand as is the complaint unless the court directs that a formal complaint be issued. In all actions under this paragraph the defendant's plea shall be guilty, not guilty or no contest and shall be entered as not guilty on failure to plead, which. A plea of not guilty shall put on failure to plead puts all matters in the case at issue, any other provision of law notwithstanding. The defendant may enter a not guilty plea by certified mail.

Note: Reference to "bail" in sub. (1) (a) is changed to "cash deposit" for consistency of reference in the statutes.

AB710, s. 279 Section 279. 66.12 (1) (b) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 66.0114 (1) (b) and amended to read:

AB710,201,5 66.0114 (1) (b) Local ordinances, except as provided in this paragraph or ss. 345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any or all violations under those ordinances, and may designate the manner in which the stipulation is to be made and may fix the penalty to be paid. When a person charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation and, pays the required penalty and pays the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information assessment imposed by s. 100.261 and any applicable domestic abuse assessment imposed by s. 973.055 (1) to the designated official, the person need not appear in court and no witness fees or other additional costs may be taxed unless the local ordinance so provides. A court appearance is required for a violation of a local ordinance in conformity with s. 346.63 (1).

AB710,201,24 (bm) The official receiving the penalties shall remit all moneys collected to the treasurer of the city, village, town sanitary district or public inland lake protection and rehabilitation district in whose behalf the sum was paid, except that all jail assessments shall be remitted to the county treasurer, within 20 days after its receipt by him or her; and in case of any failure in the payment the official. If timely remittance is not made, the treasurer may collect the payment of the officer by action, in the name of the office, and upon the official bond of the officer, with interest at the rate of 12% per year from the time when it should have been paid date on which it was due. In the case of the penalty assessment imposed by s. 757.05, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, the driver improvement surcharge imposed by s. 346.655 (1), any applicable consumer information assessment imposed by s. 100.261 and any applicable domestic abuse assessment imposed by s. 973.055 (1), the treasurer of the city, village, town sanitary district or public inland lake protection and rehabilitation district shall remit to the state treasurer the sum amount required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month. The governing body of the city, village, town sanitary district or public inland lake protection and rehabilitation district shall by ordinance designate the official to receive the penalties and the terms under which the official shall qualify qualifies.

AB710, s. 280 Section 280. 66.12 (1) (c) of the statutes is renumbered 66.0114 (1) (c).

AB710, s. 281 Section 281. 66.12 (1) (d) of the statutes is repealed.

Note: The substance of the repealed paragraph is relocated in renumbered s. 66.0114 (1) (a).

AB710, s. 282 Section 282. 66.12 (2) and (3) (title), (a) and (c) of the statutes are renumbered 66.0114 (2) and (3) (title), (a) and (c).

AB710, s. 283 Section 283. 66.12 (3) (b) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 66.0114 (3) (b) and amended to read:

AB710,202,19 66.0114 (3) (b) All forfeitures and penalties recovered for the violation of any an ordinance or bylaw of any a city, village, town, town sanitary district or public inland lake protection and rehabilitation district shall be paid into the city, village, town, town sanitary district or public inland lake protection and rehabilitation district treasury for the use of the city, village, town, town sanitary district or public inland lake protection and rehabilitation district, except as otherwise provided in par. (c), sub. (1) (b) (bm) and s. 757.05. The judge shall report and pay into the treasury, quarterly, or at more frequent intervals if so required, all moneys collected belonging to the city, village, town, town sanitary district or public inland lake protection and rehabilitation district, which. The report shall be certified and filed in the office of the treasurer; and the. The judge shall be is entitled to duplicate receipts for such moneys, one of which he or she shall file with the city, village or town clerk or with the town sanitary district or the public inland lake protection and rehabilitation district.

AB710, s. 284 Section 284. Subchapter XII (title) of chapter 66 [precedes 66.1201] of the statutes is created to read:

AB710,202,22 chapter 66

AB710,203,2 subchapter xii housing authorities

AB710, s. 285 Section 285 . 66.1201 (9) (x) of the statutes is created to read:

AB710,203,7 66.1201 (9) (x) To, within its area of operation, either by itself or with the department of veterans affairs, undertake and carry out studies and analyses of veterans' housing needs and meeting those needs and make the study results available to the public, including the building, housing and supply industries.

Note: Relocates, in general housing authority law, s. 66.39 (1). Section 66.39 is repealed by Section 379 of this bill.

AB710, s. 286 Section 286. 66.121 of the statutes is renumbered 75.377 and amended to read:

AB710,203,14 75.377 Inspection of property subject to tax certificate. A county or a city authorized to act under s. 74.87 may enter any real property for which a tax certificate has been issued under s. 74.57, or may authorize another person to enter the real property, to determine the nature and extent of environmental pollution, as defined in s. 299.01 (4).

Note: Under s. 75.06, for purposes of ch. 75, "county" includes a city authorized to act under s. 74.87; therefore, reference to the latter is deleted from renumbered s. 75.377 as unnecessary.

AB710, s. 287 Section 287. 66.122 (title) of the statutes is renumbered 66.0119 (title).

AB710, s. 288 Section 288. 66.122 (1) (a) of the statutes is renumbered 66.0119 (1) (b) and amended to read:

AB710,204,2 66.0119 (1) (b) Any "Peace officer" means a state, county, city, village, town, town sanitary district or public inland lake protection and rehabilitation district officer, agent or employe charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, including buildings, building premises and building contents, is deemed a peace officer for the purpose of applying for, obtaining and executing special inspection warrants under s. 66.123 for inspection purposes.

Note: The stricken language at the end of the paragraph is relocated to s. 66.0119 (2), as renumbered. See Section 290 of this bill.

AB710, s. 289 Section 289. 66.122 (1) (b) of the statutes is renumbered 66.0119 (1) (a) and amended to read:

AB710,204,11 66.0119 (1) (a) "Inspection purposes" include, without limitation because of enumeration, such purposes as building, housing, electrical, plumbing, heating, gas, fire, health, safety, environmental pollution, water quality, waterways, use of water, food, zoning, property assessment, meter and obtaining data required to be submitted in an initial site report or feasibility report under subch. III of ch. 289 or s. 291.23, 291.25, 291.29 or 291.31 or an environmental impact statement related to one of those reports.

AB710, s. 290 Section 290 . 66.122 (2) of the statutes is renumbered 66.0119 (2) and amended to read:

AB710,204,20 66.0119 (2) A peace officer may apply for, obtain and execute a special inspection warrant issued under this section. Except in cases of emergency where no special inspection warrant shall be is required, special inspection warrants shall be issued for inspection of personal or real properties which are not public buildings or for inspection of portions of public buildings which are not open to the public only upon showing that consent to entry for inspection purposes has been refused. The definition of "public building" under s. 101.01 (12) applies to this section.

AB710, s. 291 Section 291. 66.123 (title) of the statutes is repealed.

AB710, s. 292 Section 292. 66.123 of the statutes is renumbered 66.0119 (3), and 66.0119 (3) (intro.), as renumbered, is amended to read:

AB710,205,2 66.0119 (3) (intro.) The following forms for use under s. 66.122 this section are illustrative and not mandatory:

AB710, s. 293 Section 293. 66.124 of the statutes is renumbered 66.0417, and 66.0417 (title), as renumbered, is amended to read:

AB710,205,6 66.0417 (title) Order authority Local enforcement of certain food and health regulations.

AB710, s. 294 Section 294. 66.125 of the statutes is renumbered 66.0121 and amended to read:

AB710,205,14 66.0121 Orders; action; proof of demand. No action shall may be brought upon any a city, village, town or school district order until the expiration of 30 days after a demand for the payment of the same shall have order has been made. If an action is brought and the defendant fails to appear and defend the action, judgment shall not be entered without affirmative proof of the demand. If judgment is entered without proof of the demand, the judgment shall be is void.

AB710, s. 295 Section 295. 66.13 of the statutes is repealed.

Note: Repealed as unnecessary. This section provides a statute of limitations relating to an action or proceeding to test the validity of a municipal contract. Virtually identical provisions are contained in s. 893.75.

AB710, s. 296 Section 296. Subchapter XIII (title) of chapter 66 [precedes 66.1301] of the statutes is created to read:

AB710,205,18 chapter 66

AB710,205,21 subchapter xiii urban redevelopment and renewal

AB710, s. 297 Section 297 . 66.1331 (3) (Lm) of the statutes is created to read:

AB710,206,3 66.1331 (3) (Lm) "Redevelopment plan" means a plan for the acquisition, clearance, reconstruction, rehabilitation or future use of a redevelopment project area.

Note: Recreates a definition that was included as a separate definition within the definition of "Redevelopment project" in s. 66.1331 (3) (m), as renumbered and amended from s. 66.43 (3) (m). See Sections 408 and 408m of this bill.

AB710, s. 298 Section 298. 66.14 (title) of the statutes is repealed.

AB710, s. 299 Section 299. 66.14 of the statutes is renumbered 62.09 (4) (d) and amended to read:

AB710,206,15 62.09 (4) (d) Any A city, however incorporated, may pay the cost of any an official bond furnished by an officer thereof of the city, pursuant to law or any rules or regulations requiring the same bond, if said the officer shall furnish furnishes a bond with a surety company or companies authorized to do business in this state, said cost. The cost of the bond furnished by the officer may not to exceed the current rate of premium per year on the amount of said the bond or obligation by said surety executed by the surety. The cost of any such the bond in such city shall be charged to the fund appropriated and set up in the budget for the department, board, commission or other body, the officer of which is required to furnish a bond.

Note: Renumbers and amends s. 66.14 for placement in ch. 62, relating to cities. The renumbering makes the provision inapplicable to a 1st class city under s. 62.03 (1). Section 66.145 (renumbered s. 62.55) treats 1st class cities separately for this purpose.

AB710, s. 300 Section 300. 66.144 of the statutes is renumbered 62.53 and amended to read:

AB710,206,20 62.53 Residency required for public officials in 1st class cities. Any public official, as defined in s. 66.146 62.51 (1) (b), may not serve more than 180 days after his or her confirmation unless he or she resides within the boundaries of the 1st class city by which he or she is employed.

AB710, s. 301 Section 301. 66.145 of the statutes is renumbered 62.55 and amended to read:

AB710,208,3 62.55 Requirements for surety bonds of officers and employes in cities of the first 1st class cities. When any If an office or position in the service of any city of the first a 1st class city involves fiduciary responsibility or the handling of money, the appointing officer may require the appointee to furnish a bond or other security to such the officer and the said city for the faithful performance of the appointee's duty, the. The amount to of the bond or security shall be fixed by the appointing officer, with the approval of the mayor, and notice. Notice of the mayor's approval shall be given to the city clerk by the mayor. Each bond shall be approved by the city attorney as to the form and execution thereof, and by the common council as to the sufficiency of the sureties therein; provided, however, that any. Any surety company, the bonds of which are accepted by the judge of any court of record in this state, or which is approved by the comptroller of the said city, shall be is sufficient security on any such the bond, and that the. The premium on such a bond under this section, within the limits fixed by law, shall be paid out of the city treasury. The appointing officer shall immediately after the execution of such the bond file the same bond with the city clerk, and it shall be the duty of the. The city clerk to shall require compliance with the terms of this section requiring the filing of bonds with the city clerk by officers and employes, and all such bonds. Bonds of city officers and employes under this section, duly witnessed and acknowledged, after being approved by the common council, shall be delivered to the city comptroller, who shall have them recorded in the office of the register of deeds and, after such recording by the city comptroller in the office of the register of deeds, the said. After the bonds are recorded, the bonds shall be returned to the city clerk, who shall keep them on file in the city clerk's office; except that after the recording of the bond of the city clerk by the city comptroller, said that bond shall remain on file in the office of the city comptroller. Each bond filed by any surety company shall be accompanied by a duplicate of said the bond, which. The duplicate shall be filed by the clerk with the city comptroller.

AB710, s. 302 Section 302. 66.146 of the statutes is renumbered 62.51.

AB710, s. 303 Section 303. 66.18 of the statutes is renumbered 66.0137 (2) and amended to read:

AB710,208,15 66.0137 (2) Liability and worker's compensation insurance. The state, or any municipality as defined in s. 345.05 (1) (c), is empowered to or a local governmental unit may procure risk management services and liability insurance covering the state or municipality local governmental unit and its officers, agents and employes and worker's compensation insurance covering officers and employes of the state or municipality local governmental unit. A municipality local governmental unit may participate in and pay the cost of risk management services and liability and worker's compensation insurance through a municipal insurance mutual organized under s. 611.23.

AB710, s. 304 Section 304. 66.182 of the statutes is renumbered 66.0137 (3).

AB710, s. 305 Section 305. 66.184 of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 66.0137 (4).

AB710, s. 306 Section 306. 66.185 of the statutes is renumbered 66.0137 (5) and amended to read:

AB710,209,7 66.0137 (5) Hospital, accident and life insurance. Nothing in the statutes shall be construed to limit the authority of the state or municipalities, as defined in s. 345.05, to The state or a local governmental unit may provide for the payment of premiums for hospital, surgical and other health and accident insurance and life insurance for employes and officers and their spouses and dependent children, and such authority is hereby granted. A municipality local governmental unit may also provide for the payment of premiums for hospital and surgical care for its retired employes. In addition, a municipality local governmental unit may, by ordinance or resolution, elect to offer to all of its employes a health care coverage plan through a program offered by the group insurance board under ch. 40. Municipalities which elect A local governmental unit that elects to participate under s. 40.51 (7) shall be is subject to the applicable sections of ch. 40 instead of this section subsection.

AB710, s. 307 Section 307. 66.186 of the statutes is renumbered 62.61 and amended to read:

AB710,209,24 62.61 Health insurance; first 1st class cities. The common council of any a 1st class city may, by ordinance or resolution, provide for, including the payment of premiums of, general hospital, surgical and group insurance for both active and retired city officers and city employes and their respective dependents and for payment of premiums therefor in private companies, or may, by ordinance or resolution, elect to offer to all of its employes a health care coverage plan through a program offered by the group insurance board under ch. 40. Municipalities which elect to participate under s. 40.51 (7) shall be are subject to the applicable sections of ch. 40 instead of this section. Contracts for such insurance under this section may be entered into for active officers and employes separately from such contracts for retired officers and employes. Appropriations may be made for the purpose of financing such insurance under this section. Moneys accruing to such a fund to finance insurance under this section, by investment or otherwise, shall may not be diverted for any other purpose than those for which such the fund was set up or to defray management expenses of such the fund or to partially pay premiums so as to reduce costs to the city or to persons covered by such the insurance, or both.

AB710, s. 308 Section 308. 66.187 of the statutes is renumbered 62.59.

AB710, s. 309 Section 309. 66.189 of the statutes is renumbered 62.67.

AB710, s. 310 Section 310. 66.19 of the statutes is renumbered 66.0509, and 66.0509 (1) to (4), as renumbered, are amended to read:

AB710,210,16 66.0509 (1) Any city or village may proceed under s. 61.34 (1), 62.11 (5) or 66.01 66.0101 to establish a civil service system of selection, tenure and status, and the system may be made applicable to all municipal personnel except the chief executive and members of the governing body, members of boards and commissions including election officials, employes subject to s. 62.13, members of the judiciary and supervisors. Any town may establish a civil service system under this subsection. For veterans there shall be no restrictions as to age, and veterans and their spouses shall be given preference points in accordance with s. 230.16 (7). The system may also include uniform provisions in respect to attendance, leave regulations, compensation and payrolls for all personnel included thereunder in the system. The governing body of any city, village or town establishing a civil service system under this section may exempt from the system the librarians and assistants subject to s. 43.09 (1).

AB710,210,21 (2) (a) Any town may establish a civil service system under sub. (1) and in such the departments as that the town board may determine. Any person who has been employed in any such a department for more than 5 years prior to before the establishment of such a civil service system applicable to that department is eligible to appointment without examination.

AB710,210,25 (b) Any town not having a civil service system and having exercised the option of placing assessors under civil service under s. 60.307 (3) may establish a civil service system for assessors under sub. (1), unless such the town has come within the jurisdiction of a county assessor under s. 70.99.

AB710,211,6 (3) When any town has established a system of civil service, the ordinance establishing the system may not be repealed for a period of 6 years after its enactment, and thereafter after the 6-year period it may be repealed only by proceedings under s. 9.20 by referendum vote. This subsection shall does not apply where if a town comes, before the expiration of the 6 years, within the jurisdiction of a county assessor under s. 70.99.

AB710,211,12 (4) Any civil service system established under the provisions of this section shall provide for the appointment of a civil service board or commission and for the removal of the members of such the board or commission for cause by the mayor with approval of the council, and in cities organized under the provisions of ss. 64.01 to 64.15 by the city manager and the council in a city organized under ss. 64.01 to 64.15, and by the board in villages and towns a village or town.

AB710, s. 311 Section 311. 66.192 of the statutes is renumbered 66.0503, and 66.0503 (1) (intro.) and (b), (3), (4) and (5), as renumbered, are amended to read:

AB710,211,16 66.0503 (1) (intro.) The office of county supervisor may be consolidated by charter ordinance under s. 66.01 61.1895 or 66.0101:

AB710,211,19 (b) With the office of alderperson or council member in any city in which the district from which such the alderperson or council member is elected is coterminous with the boundaries of any supervisory district established under s. 59.10 (3).

AB710,211,22 (3) Removal from office of any incumbent of such consolidated office shall vacate said an office consolidated under this section vacates the office in its entirety whether effected under ss. 17.09, 17.12 and 17.13 or other pertinent statute.

AB710,211,25 (4) Compensation for such consolidated office an office consolidated under this section shall be separately established by the several governing bodies affected thereby by the consolidation as though no consolidation of offices had occurred.

AB710,212,2 (5) Tenure for such combination officer an officer of an office consolidated under this section shall coincide with the term for county supervisors.

AB710, s. 312 Section 312. 66.196 of the statutes is renumbered 66.0505 and amended to read:

AB710,212,10 66.0505 Compensation of governing bodies. An elected official of any county, city, town or village, who by virtue of the office held by that official is entitled to participate in the establishment of the salary attending that office, shall not during the term of such the office collect salary in excess of the salary provided at the time of that official's taking office. This provision is of statewide concern and applies only to officials elected after October 22, 1961.

AB710, s. 313 Section 313. 66.197 of the statutes is repealed.

Note: Repeals s. 66.197, which authorizes a county board to increase the salary of an elected official during the official's term of office. The statute is in direct conflict with s. 59.22 (1) (a) 1., which prohibits the increase or decrease of an elected official's salary during the official's term of office. Section 66.197 is repealed and s. 59.22 (1) (a) 1. is retained since the policy of the latter statute expresses the typical Wisconsin practice regarding the salary of an elected official.

AB710, s. 314 Section 314. 66.199 of the statutes is renumbered 66.0507.

AB710, s. 315 Section 315. 66.20 of the statutes is renumbered 200.01, and 200.01 (intro.), as renumbered, is amended to read:

AB710,212,17 200.01 Metropolitan sewerage districts, definitions. (intro.) Unless the context requires otherwise, for the purposes of ss. 66.20 to 66.26 this subchapter, the following terms have the designated meanings:

AB710, s. 316 Section 316. 66.21 of the statutes is renumbered 200.03 and amended to read:

AB710,212,21 200.03 Applicability. Sections 66.20 to 66.26 shall apply This subchapter applies to all areas of the state except those areas included in a metropolitan sewerage district created under ss. 66.88 200.21 to 66.918 200.65.

AB710, s. 317 Section 317. 66.22 of the statutes is renumbered 200.05, and 200.05 (3) (b) and (6), as renumbered, are amended to read:

AB710,213,5 200.05 (3) (b) Conduct the hearing to permit any person to present any oral or written pertinent and relevant information relating to the purposes and standards of ss. 66.20 to 66.26 this subchapter; and